Marine Renewable Energies and Distributive Justice in Sustainable Development

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1 UN Informal Consultative Process on the Law of the Sea 29 May 01 June 2012 Marine Renewable Energies and Distributive Justice in Sustainable Development Jay L. Batongbacal, JSD Asst. Professor, College of Law University of the Philippines

2 Overview Distributive/Social Justice Sustainable Development Common definition, core elements Historical roots Structure/constellation of principles SD as Distributive/Social Justice Key SD principles Three dimensions for policy-/decision-making Linkage with UN MDGs

3 Overview Implications for Renewable Ocean Energy Technologies Classification and comparison Issues for consideration Access Distribution Recognition Policy tools Conclusion

4 Distributive Justice Distributive Justice/Social Justice - how the good and bad things in life should be distributed among members of human society (Miller 1999) Rawls' Theory of Justice (1973): principles of justice as fairness : Equal liberties/rights Inequalities in positions/office permitted, provided that: All have equal opportunities to such positions/offices; and They operate to the benefit of the least-advantaged

5 Sustainable Development Sustainable Development Principles contained in 1972 Stockholm / 1992 Rio Declarations Most well-known definition from Our Common Future (OCF) dev't that meets the needs of the present without compromising the ability of future generations to meet their own needs

6 Sustainable Development Core elements (Sands 2003): preservation of natural resources for future generations sustainable / prudent / wise use of resources equitable use of resources, taking account of needs of other States integration of environmental considerations into development plans/decisions Sustainable Development = Equitable Sharing

7 Historical Roots of Sustainable Development Historical Roots of SD: discourses leading to the Brundtland Commission Report The Cold War and the threat of nuclear war 1961 UN GA Res 1629 (XVI): envi. impact of radiation from nuclear weapons testing De-colonization and resistance to new forms of colonization 1971 UN GA Res 2849 (XXVI): poverty and underdevelopment, and development process itself, as cause of environmental degradation The Space Age and its ethical implications Mid-1970's: Small is Beautiful ; The Silent Spring ; Limits to Growth Nature conservation and protection 1980: IUCN World Conservation Strategy

8 Sustainable Development SD Principles expressed in 1972 Stockholm Declaration and 1992 Rio Declaration A constellation of principles revolving around 4 inter-locking core values: Responsibility individually and collectively as part of an ecosystem Cooperation among States, in order to exercise responsibilities Integration of decisions and actions, to promote cooperation and exercise responsibilities Social Equity between States, citizens, generations, with respect to access to resources, distribution of benefits and costs

9 Sustainable Development

10 Sustainable Development as Distributive/Social Justice Our Common Future, p Physical sustainability cannot be secured unless development policies pay attention to such considerations as changes in access to resources and in the distribution of costs and benefits. Even the narrow notion of physical sustainability implies a concern for social equity between generations, a concern that must logically be extended to equity within each generation.

11 Sustainable Development as Distributive/Social Justice Our Common Future, p law alone cannot enforce the common interest. It principally needs community knowledge and support, which entails greater public participation in decisions that affect the environment...best secured by the management of resources upon which local communities depend, and giving these communities an effective say over the use of these resources.

12 Sustainable Development as Distributive/Social Justice Key Principles of Ecological Social Justice : Intra-generational equity Economic reform (Rio 12) Poverty eradication (Rio 5) Inclusiveness between States (Rio 6, Stockholm 5, 11) Opposition to all forms of domination (Rio 23, Stockholm 1, 6, and 15) Polluter pays (Rio 16) Common but differentiated responsibilities (Rio 8) Acknowledgment of special needs of developing States (Rio 6, Stockholm 10 and 12) Sensitivity of reforms to national contexts (Rio 11, Stockholm 23) Inter-generational equity (Stockholm 1, 2, and 11, Rio 3)

13 Sustainable Development as Distributive/Social Justice Three Dimensions for Policy-/Decision-making Access to resources Effects on existing resource uses, channelling/allocation of resources by/to identified social groups Distribution of benefits and costs/burdens Allocation among social groups of beneficial and/or adverse effects of resource use; flow of benefits Recognition of interested social groups, and their participation in decisions affecting them and the environment they live in Meaningful and democratic decision-making

14 Sustainable Development as Distributive/Social Justice Fundamental values of UN Millennium Declaration and MDGs Freedom Equality Solidarity Tolerance Respect for Nature Shared Responsibility

15 Marine Renewable Energies Surface Solar Wind, Wave, Tidal Bio-fuels (algae, seaweeds, mangroves) for heat generation Sub-surface Currents (tidal, subsea) Thermal energy Salinity gradients Hydrogen Seabed Undersea geothermal, hydrothermal Bio-fuels (algae, micro-organisms) for hydrogen production

16 Ocean Energy Resources Energy source Kind Class Needed aggregation Tech. Arena Ocean Currents kinetic Dynamic low incipient Tidal kinetic Dynamic Wind kinetic Dynamic low mature surface Tech. required Grid? Supply Footprint Scalable? Renewable? Location Output per unit seabed, suspended high Low* Yes no yes high offshore high low, moderate mature surface moderate Low* yes no yes low coastal high low, moderate Low* yes no yes high Wave kinetic Dynamic low incipient surface high Low* yes no yes high Hydrothermal potential Radiation Biofuel cell potential Chemical Electrochemical potential Chemical offshore offshore low, moderate inchoate seabed high Moderate no no yes low offshore high low, moderate incipient seabed low, moderate incipient Geothermal potential Radiation moderate incipient moderate moderate moderate, high Low yes no yes high offshore low seabed, suspended high Low yes no yes high offshore low seabed, suspended, surface high Moderate no no yes moderate Solar potential Radiation moderate Mature surface low Low* yes no yes high Biomass potential Chemical high incipient surface, suspended, seabed low, moderate High yes no yes low Thermal layers suspended, potential Dynamic low incipient surface high Low yes no yes low offshore low Oil potential Hydrocarbon high mature seabed high Low no yes no low offshore high Natural gas potential Hydrocarbon high mature seabed high Low no yes no low offshore high Coal potential Hydrocarbon moderate incipient seabed high High yes yes no low offshore high Subsea uranium potential Nuclear moderate inchoate seabed high High yes yes no low Gas hydrates potential Hydrocarbon low inchoate seabed high High no yes no moderate Hydrogen potential Elemental high incipient surface, suspended, seabed moderate low no yes no high Heavy water potential Nuclear high incipient suspended high low yes yes no low offshore high offshore offshore offshore offshore offshore offshore high low low high high high GHG Zero Zero Zero Zero Zero Zero Low Low Zero Low Low High Moderat e High Low Moderat e Low Low

17 Marine Renewable Energies Issues for consideration Access What effect does a MRE technology have on existing/future access to resources locally? Distribution What does a MRE tech do directly to coastal communities, in terms of benefits and burdens/costs? Recognition Does a MRE tech project acknowledge the people affected, and allow their voices to be heard? Do ROE tech contribute to Sustainable Development as Distributive/Social Justice?

18 Marine Renewable Energies Policy Tools suggested Strategic review of MRE tech, potential impacts in terms of access, participation, recognition Local social impact assessments for MRE tech project Direct local benefit-sharing formula/regulation Decentralization of generation and supply Incorporation of local needs into project plans/decisions

19 Conclusion MRE technologies must be supported by policies/tools that not only promote the technologies themselves, but more importantly, ensure that the adoption and operation of such technologies leads to greater social equity. Principles of Ecological Social Justice within the Sustainable Development framework can provide the basis for identifying/designing policy tools.

20 Conclusion There is little point in discussing inter-generational justice, if even intra-generationally, it cannot be realised. --- Raymond Bryant, 1991

Main theme: The blue economy and the 2030 Agenda for Sustainable Development

Main theme: The blue economy and the 2030 Agenda for Sustainable Development Protecting the blue economy for future generations Sustainable global development greatly depends on the strength of our blue